ML24292A124
| ML24292A124 | |
| Person / Time | |
|---|---|
| Site: | Oconee  |
| Issue date: | 10/18/2024 |
| From: | Bollwerk G Atomic Safety and Licensing Board Panel |
| To: | |
| SECY RAS | |
| References | |
| RAS 57156, 50-287-SLR-2, 50-269-SLR-2, 50-270-SLR-2, ASLBP 24-985-03-SLR-BD01 | |
| Download: ML24292A124 (0) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
G. Paul Bollwerk, III, Chair Dr. Sue H. Abreu Dr. Arielle J. Miller In the Matter of DUKE ENERGY CAROLINAS, LLC (Oconee Nuclear Station, Units 1, 2, and 3)
Docket Nos. 50-269-SLR-2, 50-270-SLR-2, and 50-287-SLR-2 ASLBP No. 24-985-03-SLR-BD01 October 18, 2024 MEMORANDUM (Third Notice Regarding Issuance of Decision)
Pursuant to 10 C.F.R. § 2.309(j)(1), the Licensing Board hereby advises the Commission and the participants to this proceeding that the issue of the proper treatment of potential nonpublic information in this proceeding continues to delay the issuance of a Board decision on the pending hearing request of petitioners Beyond Nuclear, Inc., and the Sierra Club, Inc. (collectively Petitioners).
By public filings dated September 10 and 25, 2024, the Staff indicated that it had completed its review of the June 24, 2024 initial prehearing conference transcript and four documents that previously were identified under Appendix 1 to Protective Order A as potentially containing nonpublic information, a process that included consultation with the Federal Energy Regulatory Commission (FERC) regarding whether the transcript and documents contain critical energy/electric infrastructure information (CEII) that must be withheld from public disclosure.1 In 1 See NRC Staff Motion Regarding the Redacted June 24, 2024, Initial Prehearing
its motions the Staff indicated that, after consultation with the other participants, it was (1) serving redacted versions of the transcript and the four documents on the nonpublic docket of this proceeding, reflecting that they contained information being withheld under 10 C.F.R.
§ 2.390(a)(3); and (2) requesting that the Board accept the redacted transcript and documents for use in the public docket of this proceeding. See Staff Redacted Transcript Motion at 2; Staff Redacted Documents Motion at 2.
However, in an October 15, 2024 notice, the NRC Staff indicated that in reviewing the documents that the Board received as improper ex parte/separation of functions communications and placed on the nonpublic docket of this proceeding,2 the Staff had identified a potential inconsistency in the redactions in the documents previously submitted to the nonpublic docket in conjunction with the Staffs September 25, 2024 motion.3 The Staff thus asked that the four Appendix 1 documents remain on the nonpublic docket while it works to address this potential inconsistency. See Staff Notification at 1. The Staff also indicated it would update the Board once this work is concluded. See id.
Having access to both unredacted and redacted versions of the June 24, 2024 initial prehearing conference transcript and the four Appendix 1 documents is vital to the Boards ability to fulfill its responsibility to issue a decision on Petitioners pending hearing request that is based on the public record to the maximum extent feasible, while ensuring that its ruling provides an accurate and adequate explanation of the Boards determinations and supporting Conference Transcript (Sept. 10, 2024) at 1 [hereinafter Staff Redacted Transcript Motion]; NRC Staff Motion Requesting That the Licensing Board Accept Redacted Documents Identified in Appendix 1 to Licensing Board August 19, 2024, Protective Order for Inclusion on the Public Docket (Sept. 25, 2024) at 1 [hereinafter Staff Redacted Documents Motion]; see also NRC Staff Reply to Petitioners September 30, 2024, Response (Oct. 7, 2024) at 2-5 (outlining Staff CEII redaction review process in consultation with FERC).
2 See Licensing Board Memorandum and Order (Concerning Additional Ex Parte/Separation of Functions Communications) (Oct. 9, 2024) at 1-2 & n.1 (unpublished).
3 See NRC Staff October 15, 2024, Notification (Oct. 15, 2024) at 1 [hereinafter Staff Notification].
reasoning.4 Accordingly, to ensure the proper treatment of nonpublic information, the Board must await the Staffs completion of its renewed redaction review of the four Appendix 1 documents.
So that it can closely monitor any developments regarding this ongoing Staff redaction review process, the Licensing Board today is requesting that the Staff provide weekly reports on the status of its efforts to complete its review regarding the four Appendix 1 documents and the Board-referred ex parte/separation of functions communications.5 The Board recognizes that the timetable for completion of this Staff review is uncertain and may engender further delay; however, the Board will endeavor to issue its decision on Petitioners pending hearing request by Monday, December 2, 2024.
FOR THE ATOMIC SAFETY AND LICENSING BOARD G. Paul Bollwerk, III, Chair ADMINISTRATIVE JUDGE Rockville, Maryland October 18, 2024 4 See Licensing Board Memorandum and Order (Granting Motion to Enter Protective Order) (Aug. 19, 2024) at 3 (unpublished).
5 See Licensing Board Memorandum and Order (Requesting Weekly NRC Staff Status Report on Redaction Review Efforts) (Oct. 18, 2024) at 1-2 (unpublished).
/RA/
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
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DUKE ENERGY CAROLINAS, LLC,
)
Docket Nos. 50-269 SLR-2
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50-270 SLR-2
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50-287 SLR-2
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(Oconee Nuclear Station Units 1, 2, and 3)
)
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing MEMORANDUM (Third Notice Regarding Issuance of Decision) have been served upon the following persons by Electronic Information Exchange.
U.S. Nuclear Regulatory Commission Office of Commission Appellate Adjudication Mail Stop: O-16B33 Washington, DC 20555-0001 E-mail: ocaamail.resource@nrc.gov U.S. Nuclear Regulatory Commission Office of the Secretary of the Commission Mail Stop: O-16B33 Washington, DC 20555-0001 E-mail: hearingdocket@nrc.gov U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Mail Stop: T-3F23 Washington, DC 20555-0001 G. Paul Bollwerk, III, Chairman, Administrative Judge Dr. Sue H. Abreu, Administrative Judge Dr. Arielle J. Miller, Administrative Judge E-mail: Paul.bollwerk@nrc.gov Sue.abreu@nrc.gov Arielle.miller@nrc.gov U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop - O-14A44 Washington, DC 20555-0001 David Roth Susan H. Vrahoretis Mary Frances Woods Megan Wright Kevin Bernstein Caitlin R. Byrd, Paralegal E-mail: david.roth@nrc.gov susan.vrahoretis@nrc.gov mary.woods@nrc.gov megan.wright@nrc.gov kevin.bernstein@nrc.gov caitlin.byrd@nrc.gov Counsel for Duke Energy Carolinas, LLC Morgan, Lewis & Bockius, LLC 1111 Pennsylvania Ave NW Washington, DC 20004 Paul Bessette Ryan K. Lighty Scott Clausen Molly Mattison E-mail: paul.bessette@morganlewis.com ryan.lighty@morganlewis.com scott.clausen@morganlewis.com molly.mattison@morganlewis.com
Duke Energy Carolinas, LLC (Oconee Nuclear Station Units 1, 2, and 3, Docket Nos. 50-269, 50-270, and 50-287 SLR-2)
MEMORANDUM (Third Notice Regarding Issuance of Decision) 2 Duke Energy Corporation 525 South Tryon Street Charlotte, North Carolina 28202 Tracey M. Leroy E-mail: tracey.leroy@duke-energy.com Counsel for Beyond Nuclear and Sierra Club Harmon, Curran, Spielberg, &
Eisenberg, LLP 1725 DeSales Street, N.W.
Suite 500 Washington, DC 20036 Diane Curran E-mail: dcurran@harmoncurran.com Beyond Nuclear Reactor Oversight Project 7304 Carroll Avenue #182 Takoma Park, MD 20912 Paul Gunter E-mail: paul@beyondnuclear.org Office of the Secretary of the Commission Dated at Rockville, Maryland, this 18th day of October 2024.
CLARA SOLA Digitally signed by CLARA SOLA Date: 2024.10.18 13:14:26 -04'00'